Whitaker

Whitaker v. Prime Comms Retail, LLC

Good Law
United States District Court, Northern District of CaliforniaOctober 12, 20215:21-cv-04338California1,179 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-04338-SVK

Plaintiff,

ORDER ON MOTION TO DISMISS

v. Re: Dkt. No. 11 PRIME COMMS RETAIL, LLC, Defendant.

Plaintiff Brian Whitaker brings this lawsuit under the Americans with Disabilities Act (“ADA”) and the California Unruh Civil Rights Act, alleging that he encountered barriers during a May 2021 visit to an AT&T store in Milpitas, California, which is located on property owned by Defendant (the “Subject Property”). Dkt. 1 (Complaint) ¶¶ 2-3, 8. Plaintiff alleges that Defendant failed to provide wheelchair accessible tables at the Subject Property. Id. ¶¶ 10-14. The Parties have consented to the jurisdiction of a magistrate judge. Dkt. 7, 14. Now before the Court is Defendant’s motion to dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Dkt. 11. Pursuant to Civil Local Rule 7-1(b), the Court deems this matter suitable without…

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